From:
`To:
`Cc:
`Subject:
`Date:
`
`Wu, Wallace
`Trials
`Sklenar, Jennifer; Nyemah, Nicholas; Isbester, James; Chin, Byron; 2css@knobbe.com; 2jys@knobbe.com
`RE: IPR2017-01295: Edwards Lifesciences Corp. v. Boston Scientific Scimed
`Thursday, May 10, 2018 1:45:47 PM
`
`Good Afternoon:
`
`In response to the Panel’s inquiry during yesterday’s conference call and without waiving Patent
`Owner’s objections, Patent Owner submits that, in the event that Petitioner is permitted to address
`the newly instituted claims and grounds in its Reply, Patent Owner hereby supplements its January
`31, 2018 Response by incorporating by reference its August 9, 2017 Preliminary Response with
`respect to the newly instituted claims and grounds.
`
`We appreciate the Panel’s assistance and clarification during yesterday’s call. To the extent that
`Patent Owner’s above response is unclear or incomplete, please let us know. Thank you.
`
`Counsel for Petitioner are copied on this e-mail.
`____________
`Wallace Wu for Patent Owner
`Arnold & Porter Kaye Scholer
`777 South Figueroa Street | 44th Floor | Los Angeles | CA 90017-5844
`T: +1 213.243.4104 | F: +1 213.243.4199
`wallace.wu@apks.com | www.apks.com
`
`
`
`From: Wu, Wallace
`Sent: Friday, May 04, 2018 8:44 AM
`To: Trials
`Cc: Sklenar, Jennifer; Nyemah, Nicholas; Isbester, James; 'Chin, Byron'; 2css@knobbe.com;
`2jys@knobbe.com
`Subject: IPR2017-01295: Edwards Lifesciences Corp. v. Boston Scientific Scimed
`
`Dear Board:
`
`Pursuant to the Board’s April 30, 2018 Order (the “Order,” Paper 17) in the above-referenced IPR,
`the parties have met and conferred and hereby submit the following competing scheduling
`proposals. Patent Owner elects not to supplement its Response to address the newly instituted
`claims or grounds in the Order. Petitioner requests the opportunity to address the newly instituted
`claims and grounds, including responding to the Institution Decision and the Patent Owner’s
`Preliminary Response. For efficiency, Petitioner proposes to address the newly instituted claims and
`grounds in its Reply when it addresses the originally instituted claims and grounds. Patent Owner
`opposes Petitioner’s request given Patent Owner’s election not to supplement its Response and
`seeks a ruling on the propriety of Petitioner’s request. The parties are available for a conference call
`with the Board on Wednesday (May 9) or Friday (May 11) at 2 pm, 3 pm, or 4 pm Eastern.
`
`The competing scheduling proposals are as follows:
`
`

`

`
`
`Due Date Number
`
`Current Due Date
`
`Petitioner’s Proposal
`
`1 (Patent Owner’s
`Response)
`2 (Petitioner’s Reply)
`
`January 31, 2018
`
`
`
`May 1, 2018
`(postponed per
`Order)
`
`30 days after the
`Board’s revised
`scheduling order
`
`Patent Owner’s
`Proposal
`
`Within two business
`days of the date of the
`conference call with
`the Board
`
`3 (Patent Owner’s
`Reply to Petitioner’s
`opposition to motion
`to amend)
`4 (Motion for
`observation regarding
`cross-examination of
`reply witness; Motion
`to exclude evidence;
`Request for oral
`argument)
`5 (Response to
`observation;
`Opposition to motion
`to exclude)
`6 (Reply to opposition
`to motion to exclude)
`7 (Oral argument (if
`requested))
`
`June 1, 2018 (moot in
`light of the absence of
`Patent Owner’s
`motion to amend)
`June 22, 2018
`
`
`
`52 days following Due
`Date 2
`
`June 22, 2018
`
`July 6, 2018
`
`14 days following Due
`Date 4
`
`July 6, 2018
`
`July 13, 2018
`
`August 7, 2018
`
`July 13, 2018
`
`August 7, 2018
`
`7 days following Due
`Date 5
`To be adjusted
`depending on the
`Board’s revised
`schedule and the
`Board’s hearing
`calendar
`
`
`
`
`____________
`Wallace Wu
`Arnold & Porter Kaye Scholer
`777 South Figueroa Street | 44th Floor | Los Angeles | CA 90017-5844
`T: +1 213.243.4104 | F: +1 213.243.4199
`wallace.wu@apks.com | www.apks.com
`
`This communication may contain information that is legally privileged, confidential or exempt from disclosure. If you are not the intended
`
`

`

`recipient, please note that any dissemination, distribution, or copying of this communication is strictly prohibited. Anyone who receives
`this message in error should notify the sender immediately by telephone or by return e-mail and delete it from his or her computer.
`___________________________________________
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`http://www.arnoldporter.com
`
`